Digital Assets in Utah
What Happens to Online Accounts, Photos, and Digital Property After Death
Many families do not realize how much of their life exists online until they try to access it after someone dies. Photos, email, financial records, and even business operations may be locked behind passwords.
Utah law provides a framework for managing digital assets after death or incapacity. This page explains how digital assets are handled in Utah, what authority is required, and why access is often denied without advance planning.
Why this Matters
Digital assets are often essential for settling an estate.
Without access, families may struggle to:
- Locate financial accounts
- Manage online subscriptions
- Retrieve important records
- Preserve photos or personal data
- Run a business or professional practice
Many Utah families assume login information or family relationships are enough. In most cases, service providers require legal authority under state and federal law.
What Digital Assets Are
Digital assets include electronically stored information and online accounts.
Common examples include:
- Email accounts
- Cloud storage and photo libraries
- Social media accounts
- Online banking and investment access
- Cryptocurrencies and digital wallets
- Business platforms and subscription services
Digital assets may have both emotional value and financial importance.
How Digital Assets Work in Utah (RUFADAA)
Utah has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), found in Utah Code §75-5b-101 et seq.
Under RUFADAA:
- Fiduciaries may access digital assets only if authorized
- Service providers follow a hierarchy of instructions
- Privacy laws restrict access without proper consent
Authority may come from:
- An online tool provided by the service (if used)
- Estate planning documents granting access
- Default provider policies if no authority exists
Passwords alone do not grant legal access.
What Can Go Wrong if It's Done Incorrectly
Digital asset planning often fails due to assumptions.
Common issues include:
- No legal authority granted
Executors or trustees may be denied access even with credentials. - Conflicting instructions
Platform settings may override estate documents. - Business disruption
Online accounts essential to operations may become inaccessible. - Loss of digital property
Photos, files, or content may be deleted or permanently locked. - Delayed estate administration
Lack of access can slow asset discovery and settlement.
These problems arise from legal limitations, not from unwilling service providers.
Who This Matters Most For
Digital asset planning is especially important for:
- Anyone who manages finances online
Account access affects estate settlement. - Business owners and professionals
Digital platforms may be critical to ongoing operations. - Parents with digital photo libraries or cloud storage
Personal data may be lost without authority. - Individuals with cryptocurrency or digital investments
Access is often impossible without planning. - Families acting as executors or trustees
Legal authority determines access.
For these individuals, digital access affects both efficiency and preservation.
How Things Play Out
The One Where the Inbox Was Off-Limits
Executor — Email Access Denied
Situation: An executor tried to access a deceased parent’s email account to locate financial statements and account notices.
Problem: The email provider refused access because there was no documented authority granting fiduciary access.
Outcome: Important information about bills and accounts was delayed or never recovered.
Lesson: Knowing passwords is not enough. Legal authority is required to access digital accounts.
The One Where the Business Platform Went Dark
Business Owner — Digital Operations Locked
Situation: A small business owner died with daily operations managed through online software and cloud-based platforms.
Problem: No fiduciary access authorization existed for those accounts.
Outcome: Business operations stalled while the family and trustee worked to regain access.
Lesson: Digital authority directly affects business continuity.
The One Where the Photos Disappeared
Family Heirs — Cloud Content Lost
Situation: A family expected to retrieve photos and videos stored in a cloud account after a loved one passed away.
Problem: No access authority had been granted, and the provider closed the account under its terms of service.
Outcome: The digital files were permanently lost.
Lesson: Digital assets can disappear if access rights are not addressed in advance.
How Digital Assets Fit Into a Complete Estate Plan
Digital asset authority works alongside:
- Wills and trusts
- Trust administration
- Financial powers of attorney
- Business succession planning
Digital access planning focuses on authority, not ownership, and supports efficient administration.
Common Questions
Digital assets require the same level of planning as physical and financial property.
The right plan depends on your family, assets, and goals. If you’re exploring your options, our team can walk you through what these concepts mean for a typical Utah family.
This page offers general educational information about Utah estate planning. It is not legal advice, and any examples described are hypothetical illustrations, not real clients or situations.